Automatic Eligabilities For Compensation

[mcso111]

I am helping other vets, vietnam,desert storm. and am looking fora list of automatic eligibilities for compensation according to the v.a. can anyoneprovide a place to look or help me thanks

[allan]

Hello MACS111,

I've never heard of automatic eligibilities.

Veterans must apply & qualify in order to be eligible for benefits.

Below are two good resources for information.

Benefit Information

http://www.vba.va.gov/bln/21/Benefits/

Web Automated Reference Materials System (WARMS)

http://www.warms.vba.va.gov/vbahome3bk.htm

[mcso111]

I had just met with a attorney who states that for example diabeties is a automatic 20% for vietnam service, but she didnt go into detail, but this is what she said to me also for example anyone who fired a weapon in service is eligible for automatic compensation, these are examples that she had given me I guess i should check the facts but if she is willing to fight as a attorney for "automatic" compensation maybe there is some truth to it.

[purple]

What does she mean "anyone who fired a weapon in service".......technically, that is everyone if you count basic training.

Nothing is automatic with the VA...all of the proper paperwork must still be completed and submitted it's just that some claims may be fast-tracked....is that what she is getting at??

[carlie]

I had just met with a attorney who states that for example diabeties is a automatic 20% for vietnam service, but she didnt go into detail, but this is what she said to me also for example anyone who fired a weapon in service is eligible for automatic compensation, these are examples that she had given me I guess i should check the facts but if she is willing to fight as a attorney for "automatic" compensation maybe there is some truth to it.

mcso -

Sorry buddy but this "attorney" is not well versed in VBA service connected disabilities.

She sounds to me like someone that knows just enough about a subject, to be a little

dangerous for claimants.

1)

"I had just met with a attorney who states that for example diabeties is a automatic 20% for vietnam service".

She most certainly must be referring to rules of Presumption inorder to make this statement - this statement is not by itself, true.

There are no AUTOMATIC service connected disabilities.

There are in place rules in 38 CFR that help provide for presumptive service connection:

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.307.htm

and

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.313.htm

2)

"anyone who fired a weapon in service is eligible for automatic compensation".

In this statement she must be referring to combat veterans.

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.304.htm

38 CFR - 3.304 (d)

(d) Combat. Satisfactory lay or other evidence that an injury or

disease was incurred or aggravated in combat will be accepted as

sufficient proof of service connection if the evidence is consistent

with the circumstances, conditions or hardships of such service even

though there is no official record of such incurrence or aggravation.

This rule in and of itself does not provide AUTOMATIC service connection.

Here is a BVA case just to show a bit more - how the rule is to be applied.

The outcome of this specific case is not relevant to my post here,

it is merely to show how this rule "combat Veteran" is to be applied.

http://www.va.gov/vetapp09/files1/0903253.txt

If an injury or disease was alleged to have been incurred or

aggravated in combat, such incurrence or aggravation may be

shown by satisfactory lay evidence, consistent with the

circumstances, conditions, or hardships of combat, even if

there is no official record of the incident. 38 U.S.C.A. §

1154(b); 38 C.F.R. § 3.304(d). However, the provisions of 38

U.S.C.A. § 1154(b) do not establish a presumption of service

connection, but eases the combat veteran's burden of

demonstrating the occurrence of some in-service incident to

which the current disability may be connected. See Caluza v.

Brown, 7 Vet. App. 498 (1995). That is, the statute provides

a basis for determining whether a particular injury was

incurred in service, but not a basis to link the injury

etiologically to the current condition. Dalton v. Nicholson,

21 Vet. App. 23, 36-37 (2007); Cohen v. Brown, 10 Vet. App.

128, 138 (1997); Libertine v. Brown, 9 Vet. App. 521, 523-24

(1996). Service connection by way of the combat presumption

may also be rebutted by clear and convincing evidence

to the contrary. 38 U.S.C.A. § 1154(b).

Hope this helps a vet.

carlie

[john999]

There are presumptive illnesses for Vietnam vets such as diabetes II, but you have to file a claim. If you shot a weapon the lawyer might be taking about tintinitus, but that is not automatic. There are no automatic claims in the VA system. Also, you can get less than 20% for DMII.

[mcso111]

Thanks everyone for your input, thats what I was trying to figure out, if it was as easy as it sounded when she said it knowing what little i know sounded kinda fishy, so thats why I wanted you'll's input, because i havent seen anything on here that said anything like that. thanks again